A dog's annoying barking is a common problem in apartment buildings, especially when the animal is left alone for long hours. The noise can disturb neighbors and lead to conflict. In such a situation, a key question arises: can legal action be taken against the dog's owner?
Can a housing association prohibit keeping dogs in an apartment building?
Neither a housing association nor a housing cooperative can impose a general ban on dog ownership. This stems from the protection of property rights, guaranteed by the Polish Constitution and the Civil Code. Can a housing association take any action in the event of nuisance barking?
While it's impossible to completely ban dogs, a community can regulate the rules for keeping animals on common property and establish noise regulations. Such regulations should be included in the homeowners' association's bylaws. If these regulations stipulate noise standards, a complaint can be filed with the community management board, which will be obligated to take appropriate action.
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In the event of particularly disruptive behavior by the dog owner—if the dog owner persistently violates the house rules and makes the use of the property a nuisance—the community may even apply to the court for a forced sale of the premises. This possibility is provided for in Article 16 of the Act on Ownership of Premises (Journal of Laws of 2021, item 1048).
This provision states that “if the owner of the premises is in long-term arrears with the payment of due fees or persistently violates the rules of the house order, making the use of other premises or common property burdensome, the housing community may demand the sale of the premises by auction based on the provisions of the Code of Civil Procedure on enforcement against real estate.”
It should be emphasized, however, that such situations are extreme and exceptionally rare. The violation must be egregious, long-term, and significantly impact the quality of life of other residents.
Other options for action
The owner of a barking dog may be fined. Article 51 § 1 of the Petty Offenses Code (Journal of Laws of 2023, item 2119) states that: “Anyone who, by shouting, making noise, raising an alarm, or otherwise behaving in a way that disturbs the peace, public order, or nighttime rest, or causes a scandal in a public place, shall be subject to arrest, restriction of liberty, or a fine.”
If a dog barks for hours and disturbs residents, anyone experiencing a nuisance can report the matter to the police or municipal police. Officers may issue a fine to the owner and, in extreme cases, take the matter to court.
Additionally, civil proceedings may be taken. Article 144 of the Civil Code (Journal of Laws of 2024, item 1061) imposes on property owners the obligation to refrain from activities that disrupt the use of neighboring properties beyond the average, resulting from the socio-economic purpose of the property and local conditions.
If a neighbor's dog is barking continuously and causing a nuisance, you can pursue your rights through civil law, in accordance with the above provision. Residents have the right to demand that the dog's owner reduce the noise, and if the owner fails to do so, they can take the matter to court.
What can you do if your neighbor's dog barks all day?
If your neighbor's dog is persistently barking, it's recommended to first talk to the owner —this is the easiest way to resolve the problem. It's possible your neighbor isn't aware of the noise.
If an attempt to resolve the matter amicably fails, you can:
- Report the problem to the housing association management board – if the building regulations regulate noise issues, the management board may ask the owner to improve the situation.
- Call the municipal police or the police – if the noise is excessive, especially at night, the services may issue a fine.
- File a complaint with a civil court – if the problem is long-term and seriously disruptive, neighbors can pursue their rights in court.
As the above indicates, there are several ways to address the problem of annoying dog barking. However, no regulations allow a housing association to impose a complete ban on dogs in apartments. The association can only regulate rules regarding animals in common areas of the building and noise issues.
Author: legal counsel Anna Sobieraj, DIKE Legal Counsel and Mediator Office Anna Sobieraj
Bankier.pl
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